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The Need To Reform The Law On Intestate Succession To Provide For More Rights For Adoptive And Extra Marital Children
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Book Synopsis "The need to reform the law on intestate succession to provide for more rights for adoptive and extra-marital children" by : Henri J. Kassen
Download or read book "The need to reform the law on intestate succession to provide for more rights for adoptive and extra-marital children" written by Henri J. Kassen and published by . This book was released on 1999 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intestate Succession by : Kenneth G. C. Reid
Download or read book Intestate Succession written by Kenneth G. C. Reid and published by . This book was released on 2015 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Book Synopsis Comparative Succession Law by : Kenneth Reid
Download or read book Comparative Succession Law written by Kenneth Reid and published by OUP Oxford. This book was released on 2015-08-27 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Book Synopsis Same-Sex Second-Parent Adoption and Intestacy Law by : Jason Carey Beekman
Download or read book Same-Sex Second-Parent Adoption and Intestacy Law written by Jason Carey Beekman and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to a combination of state marriage laws and adoption statutes, most same-sex couples with children must make a very difficult decision - choosing which parent should be the legal parent. Most adoption laws state that when a natural parent participates in an adoption, this participation completely severs his or her legal rights. These laws leave the meaning of participation ambiguously broad and inclusive of processes such as second-parent adoption. Although state adoption laws often have a spousal/stepparent exception, which allows second-parent adoption without severing the biological parent's legal parent-child relationship, this exception does not provide a solution to most same-sex couples living in states that do not provide legally effective same-sex partnerships. The United States is currently enmeshed in a national debate over same-sex marriage. The debate is occurring in courtrooms as frequently as it occurs at the polls and in state and national legislatures. However, the legal system must address “trickle down” issues stemming from, but extending beyond, the task of simply determining the particular legal status that laws grant to a homosexual relationship. One of the major trickle down issues, though often left out of the public discourse, concerns parental determination for children of same-sex couples. Left even further outside pundit discussions, however, is how this parental determination for children of same-sex couples affects the children's inheritance rights under the laws of intestate succession. The latter concern is the principal subject of this Note. Second-parent adoption, in theory, provides an opportunity for a nonbiological parent to forge a legal relationship with his or her partner's biological child (most of whom are either from a previous relationship or born to the couple through in vitro fertilization, surrogacy, or another similar alternative method). While second-parent adoption allows a heterosexual family with a stepparent to ensure a legal relationship between the child and both parents, similarly situated homosexual couples must overcome several obstacles. The most significant obstacle is what is known as the “cut-off provision,” which is present in most state adoption statues. The spousal/stepparent exception that prevents divestment of the legal relationship between the biological parent and child during a second-parent adoption remains unavailable for most same-sex couples living in states that do not grant the legal status of spouse to same-sex partners. This Note analyzes the impact of the cut-off provision on same-sex couples and their children, focusing on the impact this legal doctrine has on intestacy law. Principally, the Note discusses the parent-child provisions in the Uniform Probate Code and argues that the “simultaneous” adoption solution, which Sharon S. v. Superior Court articulates, should extend beyond the context of adoption and parentage laws to the analogous cut-off provisions in intestate laws. When read to maintain legislative intent and ensure the best interest of the child, provisions in the Uniform Probate Code defining a legal parent-child relationship for the purposes of intestate succession should follow a presumption of simultaneous adoption. Courts should interpret the cut-off provision as a default, but waivable, benefit for the adoptive parent and not as a mandatory requirement. In the context of same-sex couples seeking second-parent adoption, this Note proffer simultaneous adoption in lieu of sequential adoption because simultaneous adoption would allow an adoptive parent to consent to the maintenance of the legal relationship between the natural parent and the child, meaning that a nonbiological same-sex partner's adoption would not sever the right of the child to inherit from the biological parent.
Book Synopsis Review of the Law of Succession by : South African Law Commission
Download or read book Review of the Law of Succession written by South African Law Commission and published by Commission. This book was released on 1987 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intestate Succession in the State of New York by : Daniel Smith Remsen
Download or read book Intestate Succession in the State of New York written by Daniel Smith Remsen and published by . This book was released on 1918 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Inheritance Rights of Children in the United States by : Browne Lewis
Download or read book Inheritance Rights of Children in the United States written by Browne Lewis and published by . This book was released on 2010 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nadya Suleman conceived fourteen children using artificial insemination. Michael Jackson and Clay Aiken became fathers using surrogates. These and other high profile cases have shined the spotlight on the need to insure that children have adults who are financially responsible for providing for them. As the number of ways to create a family has increased, the number of legal classes of children has expanded. That expansion has impacted the inheritance system. The Inheritance Rights of Children in the United States focuses upon the inheritance rights of the following classes of children: marital children, adopted children, non-marital children, stepchildren, posthumously conceived children, children conceived by artificial insemination, and children conceived under surrogate arrangements. It uses cases, statutes, and problems to highlight the legal issues that have arisen due to the existence of so many classes of children. This book is appropriate for use as the primary text for both classes and seminars.
Book Synopsis Louisiana Successions by : Joseph A. Prokop (Jr.)
Download or read book Louisiana Successions written by Joseph A. Prokop (Jr.) and published by . This book was released on 2007-01-01 with total page 914 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intestate Succession, State of New York by : Daniel Smith Remsen
Download or read book Intestate Succession, State of New York written by Daniel Smith Remsen and published by . This book was released on 2015-08-05 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Intestate Succession, State of New York: Showing the Rights of the Living to the Property of Deceased Relatives Undisposed of by Valid Will In the fourth edition it is intended to present the law of Intestate Succession as it is found in the statutes and the judicial decisions of this State at the present time, and to this end such changes in, and additions to, the work have been made as were necessary. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Book Synopsis Reform of the Intestate Succession Act by : Alberta Law Reform Institute
Download or read book Reform of the Intestate Succession Act written by Alberta Law Reform Institute and published by The Institute. This book was released on 1996 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis When Informal Adoption Meets Intestate Succession by : Michael J. Higdon
Download or read book When Informal Adoption Meets Intestate Succession written by Michael J. Higdon and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In certain circumstances, the equitable adoption doctrine allows a person to inherit as the child of a testator even when the testator was neither that person's biological or adoptive parent. Although this doctrine, at first blush, might appear to be a move toward a more inclusive system of intestate succession, as many scholars have noted, the restrictive tests that the various courts have designed to determine who qualifies as an equitably adopted child have only served to greatly undermine the utility of the doctrine and, in numerous cases, have led to the denial of rather compelling claims. While agreeing with those criticisms, this article levels a new, more troubling, criticism against the equitable adoption doctrine. Specifically, the equitable adoption doctrine is both culturally-biased and discriminatory. Indeed, as it currently exists, the doctrine uses formal adoption, as that practice exists within the Eurocentric, nuclear family model, to define what qualifies as a parent-child relationship worthy of legal protection. In so doing, the doctrine effectively ignores the practice of informal adoption, which is much more prevalent in the extended family model found in African American and Hispanic communities. This article, thus, examines both the extended family model and the corresponding role that informal adoption plays within those two communities. Set against that backdrop, it becomes much more evident how the current law of equitable adoption not only is overly restrictive, but has the potential to be particularly punishing to our country's minority ethnic populations. With those concerns in mind, this article then offers two different proposals that would make the law of intestate succession more cognizant and inclusive of informally adopted children.
Download or read book Property Code written by Texas and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Suggested Solution to the Problem of Intestate Succession in Non-Traditional Family Arrangements - Taking the 'Adoption' (and the Inequity) Out of the Doctrine of 'Equitable Adoption' by : Irene Johnson
Download or read book A Suggested Solution to the Problem of Intestate Succession in Non-Traditional Family Arrangements - Taking the 'Adoption' (and the Inequity) Out of the Doctrine of 'Equitable Adoption' written by Irene Johnson and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the judicially created doctrine of equitable adoption under which a child who has been raised by people who are not the child's birth parents and who, in the traditional doctrine, had promised to adopt the child but had not done so will be permitted to inherit from the “parent” or “parents” who have raised the child if these “parents” have died intestate. After examining the traditional equitable adoption doctrine and demonstrating the several difficulties with the doctrine in terms of the theories on which it is based and the requirements imposed for finding an equitable adoption, the article proceeds to discuss the major difficulty with the doctrine - its under inclusiveness and the disproportionate impact that this under inclusiveness has on economically disadvantaged communities. The article proposes an amendment to intestate succession statutes which would permit many more children to inherit from the people who have raised them. The article exposes an important defect with the current equitable adoption doctrine - the use of the term “adoption” to refer to a circumstance in which a legal adoption might not have been possible. The article also considers the issues of the modern family and how the equitable adoption doctrine is not responsive to the needs of members of non-traditional family arrangements, the reasons that people fail to adopt children about whom they may have promised adoption, the reasons that people die intestate rather than having a will, and the purposes to be accomplished by intestate succession statutes. The article concludes with a statutory proposal which would eliminate many of the inequities of the equitable adoption doctrine while still being consistent with the goals of intestacy statutes.
Book Synopsis Reform of the Intestate Succession Act, 1996 by :
Download or read book Reform of the Intestate Succession Act, 1996 written by and published by . This book was released on 2016 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Posthumously Conceived Children by : Manitoba Law Reform Commission
Download or read book Posthumously Conceived Children written by Manitoba Law Reform Commission and published by . This book was released on 2009 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report considers three matters respecting intestate succession, two being amendments to existing sections of the Intestate Succession Act and one being the question whether posthumously conceived children should be eligible to inherit from and through a deceased parent who dies intestate. Also, in regard to posthumously conceived children there is the concomitant issue of dependants relief.--Includes text from document.
Book Synopsis Review of the Law of Succession by : South African Law Commission
Download or read book Review of the Law of Succession written by South African Law Commission and published by . This book was released on 1991 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intestate Succession in the State of New York, Showing the Rights of the Living to the Property of Deceased Relatives Undisposed of by Valid Will by : Daniel S. (Daniel Smith) Remsen
Download or read book Intestate Succession in the State of New York, Showing the Rights of the Living to the Property of Deceased Relatives Undisposed of by Valid Will written by Daniel S. (Daniel Smith) Remsen and published by Hardpress Publishing. This book was released on 2012-01-01 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
